Monday, August 30, 2004 Lawyers, clerks protest v. fees
CEBU CITY -- Even with the assurance of Supreme Court (SC) Chief Justice Hilario Davide Jr. to review the recent increase in legal fees, Cebu lawyers will still stage a peaceful protest Monday morning.
Integrated Bar of the Philippines-Cebu City Chapter president Democrito Barcenas, in an interview, said it is "all systems go" for their protest, which will kick off after the flag-raising at the Palace of Justice.
The protesting lawyers will wear black armbands. They will also bring placards and megaphones in an assembly at the Palace of Justice.
"We appreciate his plan to review the fees but we will continue with our protest actions because, even if Chief Justice Davide told the media that they will review the new fees, still we do not have an assurance that they will listen to our cause, much more suspend and eventually revise the stiff legal fees," Barcenas said.
The lawyers can count on the support of the Cebu City Council, whose members include the chief justice's son, Councilor Hilario Davide III.
In a resolution approved last Wednesday, Councilor Gerardo Carillo requested the IBP to study the new legal fees and make recommendations to the Supreme Court (SC), to ensure the public's continued access to the courts.
"The new legal fees amount to a staggering 600 percent increase, creating a situation that could defeat the constitutional guarantee of free access to the courts," Carillo said.
New rates
Chief Justice Davide has said that the imposition of the new legal fees will benefit the low-income and middle-class litigants, contrary to the fears of the Cebu City-based lawyers.
He said the new fees will discourage lawyers from asking for postponements, since the new regulations impose a fine of P200 to P500 for any verbal or written motions for postponement.
But while it may discourage postponements, Cebu lawyers think that the new rates will further isolate the courts from the people.
Before, the fee for a marriage license and ceremony was only P300. Since Aug. 16, it has increased to P2,000.
An appeal with remedies now costs P3,500, from only P500; naturalization of citizenship is now P10,000, from P2,000; and annulment or legal separation now cost P3,000, from P200.
"While our good chief justice thinks that way, his son, Cebu City Councilor Hilario Davide III, is one of the signatories in the Cebu City Council resolution calling for the review and suspension of the stiff legal fees. And I think Councilor Davide's support for our cause is very significant," Barcenas said.
Judges' pay
Although they have not been organized yet, some court employees might support the call for the review of the fees.
An officer of the court employees' association said that court employees were not happy with the imposition of the new fees, because the increase will not in any way benefit them.
The increase will only go to the Special Allowance for the Judiciary, which will be used for salaries of judges and justices, the employee pointed out.
Barcenas added that at least three other IBP chapters have asked for a copy of the Cebu City chapter's resolution, so that they can make their own.
These are the chapters from Zamboanga, Ormoc and Quezon City.
"Aside from that, the Cebu City Council as well as the Cebu Provincial Board have passed resolutions supporting us. So, it is already the whole Cebuano population that is against those stiff fees," Barcenas said.
Free access
Carillo, for his part, said in the approved resolution that while the Constitution vests upon the SC the authority to promulgate rules, "the same authority is qualified, such that said rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases."
The Constitution also provides that "free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty," Carillo also argued.
Meanwhile, the council also passed a resolution endorsing the possible appointment of Cebuana Justice Portia Aliņo-Hormachuelos as a member of the SC.
Councilor Edgardo Labella said that Hormachuelos' "integrity and devotion to the service will be an asset in the Highest Court, which has a vacancy."
A native of Naga, Cebu, Hormachuelos has served with distinction in the Court of Appeals for nine years, and as judge of the Regional Trial Court of Cebu, where she was granted the Cayetano Arellano Award for Judicial Excellence, the highest award in the Judiciary. GN/LCR
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